Dismissed
sarat kumar parida v. commissioner consolidation
Orissa HCMJC/151/1999
Case brief
from the order text
What is this about?
No.12 of 1999 & M.J.C. No.151 of 1999 05.…
What the court decided
AI extract
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M.J.C. No.151 of 1999
Misc. Case No.12 of 1999 & M.J.C. No.151 of 1999
This is an application for condonation of delay in filing the aforementioned M.J.C. filed for restoration of O.J.C. No.1491 of 1996, which was dismissed for default on 23.09.1997.
Heard.
It appears that though this matter is of the year 1999, but after 12.11.2002, the matter was listed after a long time i.e. on 17.01.2018 on which date notice on the question of limitation was issued to the opposite parties. However, on 27.04.2018, it came to the notice that the opposite party no.2 had expired during the pendency of this writ petition. Further, it appears that the defects pointed out by the Office have not yet been removed.
Considering the facts and submissions made, we are of the considered opinion that it will not be appropriate to disturb the position after twenty years by entertaining the prayer made in the Misc. Case as well as in the main case. Accordingly, the Misc. Case for condonation of delay stands dismissed. Consequently, the M.J.C. stands dismissed.
.……..........………… ( K.S. Jhaveri ) Chief Justice
……………….…….. ( K.R. Mohapatra ) Judge
SKG/AKK
K.S. Jhaveri
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court